The following regulations are provided to accommodate those uses of land or buildings which are temporary in nature and are not, therefore, listed as regular permitted or conditional uses in any zone of the city. The character of these uses is such that proper conditions are required to protect adjacent properties and the general health, safety and welfare of the citizens of the city. Any building or structure which does not meet the requirements of this chapter shall be treated as a permanent land use and shall conform to all required standards of the building, health, fire, zoning and other similar codes. (Ord. 2000-23, 7-18-2000)

   A.   Specified; Zones Permitted: Uses allowed on a temporary basis in accordance with the provisions of this chapter may include, but are not limited to, the following: carnivals, circuses, fireworks stands, fireworks displays, Christmas tree lots, promotional displays, tents for religious services, revivals, retreats, political rallies or campaign headquarters. For special events the party must obtain a "special event authorization" permit from city hall. These special events permits may extend for a season or one hundred twenty (120) days, upon which time the party must obtain a new permit. All other temporary uses shall be allowed for not more than thirty (30) days' duration and shall be restricted to the following zones: C-S, C-G, MD, C-N, C-C and downtown village, grove commercial sales subdistrict, and the grove interchange subdistrict. Persons applying for a special event authorization permit for locations within the downtown village zone must seek a positive recommendation from the downtown advisory board (DAB) and obtain conditional use permit approval, at a public hearing, from the planning commission.

   B.   Garage Sales 1 :

      1.   A temporary use permit shall not be required for a garage sale; provided, that the garage sale shall not operate for more than a total of five (5) consecutive days or a total of fifteen (15) days per calendar year, and shall be conducted by bona fide residents of the premises. Goods for sale shall consist of personal belongings of the residents. Goods offered for sale shall not be placed over a public sidewalk or in a public right of way. Garage sales may operate for longer than the above restriction; provided, that:

         a.   The owner of the property applies for and receives a business license; and

         b.   The owner of the property files a record of sales with the state tax commission and pays appropriate sales tax; and

         c.   The owner must meet the conditions of chapter 21, "Home Occupations", of this title; and

         d.   The owner must be prepared to include any earnings on both their state and federal income tax returns.

      2.   The above requirements eliminate unfair competition with the properly licensed merchants operating in the city.

   C.   Farmers' Markets: Farmers' markets are permitted in these same zones. Such uses shall be limited to the period from June through November. The person responsible for the operation of any such farmers' market shall secure a temporary use permit according to the provisions of this chapter. Each vendor shall obtain a business license prior to conducting business in the city. As part of the site plan, the person responsible for the operation of the farmers' market shall pay the required fee for the temporary use and submit a site plan with the following information:

      1.   Identify the number and type of vendors.

      2.   Provide a signage plan for the proposed uses.

      3.   Show the parking.

      4.   Designate vehicular access location. (Ord. 2008-18, 7-15-2008)

Uses prohibited on a temporary basis in accordance with the provisions of this chapter include, but are not limited to, the following:

   A.   Offering For Sale From Vehicles Located On Public Or Private Land:

      1.   The sale or offering for sale, rent or offering for rent, lease or offering for lease on any motorized (automobile, motorcycle, ATV, motorized boat, etc.) or nonmotorized (trailer of any sort, nonmotorized watercraft, etc.) vehicle from or on any public parking place, public street, public park or any public land or public building, or any privately owned lot or parking lot without the permission of the owner and subject to the other conditions listed below is unlawful. In the event of the use of private land with permission of the owner, such sales, rentals or leases can be conducted for no more than a ten (10) day period each year and there can be no more than five (5) items offered for sale, rent or lease at any given time within the ten (10) day allowable period. Such sales, rentals or leases may be conducted longer than the above restrictions; provided, that:

         a.   The owner of the property applies for and receives a business license, and a special event authorization permit;

         b.   The owner of the property files records of sales with the state tax commission and pays appropriate sales tax;

         c.   The owner must meet the conditions of chapter 21, "Home Occupations", of this title; and

         d.   The owner must be prepared to include any earnings on both their state and federal income tax returns.

      2.   The above requirements eliminate unfair competition with the properly licensed merchants operating in the city.

   B.   Vending Without License Or Permit: Temporary vending of any product, item or service without permit or license from or on any public lands or buildings within the city, except as provided in subsection C of this section is unlawful.

   C.   Exemptions: Exemptions to subsection B of this section are limited to any civic, public or licensed private school or church group of children age sixteen (16) or younger, but with adult supervision, who for charitable or other not for profit purposes are attempting to raise funds for group benefit (e.g., summer camps, Boy Scout or Girl Scout camp or projects) may, only on those holidays recognized by the city, vend without a license.

   D.   Articles Owned By Property Owner: The temporary offering for sale of an article (automobile, truck, boat, etc.) that is legally owned by the property owner, and the article being temporarily displayed for sale is on the owner's property, is not considered as a violation of this section. (Ord. 2008-18, 7-15-2008)

Prior to the establishment of any of the above uses, or any qualifying temporary use (except fireworks stands or fireworks displays, permits for which shall be administered by the public safety department), a temporary use permit must be obtained from the community development department. Any application for such permit shall meet the requirements of section 10-16-5 of this chapter and shall be made by the property owner or his authorized agent. The granting of said permit shall require the following findings:

   A.   Detrimental Effects: The conduct of the requested use will not have any detrimental effects on adjacent properties and will be in general harmony with surrounding uses.

   B.   Traffic Hazards: The requested use will not create excessive traffic hazards on adjacent streets and that traffic control, if necessary, shall be provided at the expense of the applicant.

   C.   Liability Insurance: The applicant shall have sufficient liability insurance for the requested use or event. (Ord. 2000-23, 7-18-2000)

A temporary use or event established under the provisions of this chapter shall conform to the following standards and requirements:

   A.   Sanitary Facilities: Any structure requiring sanitary facilities by building, fire, health or other similar codes shall be located on the same lot as a host structure unless independent water and sewer service is provided to the temporary structure. Where such codes require sanitary facilities, they may be provided by a host structure; provided, that there is:

      1.   No preparation of any food on the premises, unless the use is for a hot dog, taco stand, or similar food carts, or if a licensed on site food service is collaborating with the temporary use in question;

      2.   No indoor seating of patrons;

      3.   Written evidence that a host structure will provide permanent sanitary facilities for any employees, and that such facilities are conveniently located not more than three hundred feet (300') from the structure and will be accessible during all periods of operation of the use;

      4.   Written evidence from the city/county health department that all food will be prepared and delivered from an approved commissary and that all waste resulting from the operation of the use will be disposed of properly.

   B.   Parking: A reasonable number of additional parking places may be required. Such parking shall not have the effect of decreasing any existing parking that is required for any other use existing on the site. Any required parking may be provided on gravel rather than a concrete or asphalt cement surface.

   C.   Layout Of Use: The layout of the proposed use shall be compatible with the access, parking, circulation and other significant elements of any other uses or structures existing on the site.

   D.   Structures Anchored: All structures shall be securely anchored to the ground at not less than four (4) points as directed by the chief building official, unless the permitted temporary use is allowed to be movable throughout a general area, as defined on the site plan.

   E.   Right To Occupy By Written Agreement: The right to occupy the site shall be secured by a written agreement with the owner of the parcel and the owner of any host structures. Said agreement shall address the question of use of restroom facilities by employees, responsibility for maintenance, and restoration of the site upon termination of the use. A copy of the proposed agreement shall be part of the application. Any temporary uses or special events permits for events to be held within the downtown village area must obtain a recommendation from the downtown advisory board (DAB), and obtain conditional use permit approval from the planning commission.

   F.   Expiration: Approval for each temporary use permit shall bear an expiration date based upon the nature of the use. In no case shall approval be given for a period exceeding thirty (30) days, unless a special event authorization permit is granted by city hall. Garage sales need not obtain a temporary use permit. Goods for sale shall consist of household items used by residents of the premises. If any temporary structure becomes vacant prior to the expiration of the permit, it shall be removed within fifteen (15) days.

   G.   Bond Required: The landowner of the parcel shall provide a cash bond for the restoration of the site of said use to its original condition, including cleanup, replacement of facilities and removal of any structures according to the following schedule:

      1.   Circus, carnival or related uses: One thousand dollars ($1,000.00).

      2.   All other temporary uses (except fireworks stands, which shall comply with Utah Code Annotated title 11, chapter 3): Three hundred dollars ($300.00). (Ord. 2008-18, 7-15-2008)

A use meeting the requirements stated above shall be approved, and a use not meeting the requirements stated above shall be denied, or may be approved with appropriate conditions to assure that the use will be compatible with and will not pose any detriment to persons or property. Said conditions may include a limitation upon hours of operation, or a time limitation which is less than the maximum established by this chapter. (Ord. 2000-23, 7-18-2000)

A permit may be revoked in the event of a violation of any of the provisions of this chapter or the conditions set forth in the temporary use permit. (Ord. 2000-23, 7-18-2000)

A temporary use permit is not a business license and the granting of said permit shall not relieve the permittee of any other license requirement of the city or any other public agency. (Ord. 2000-23, 7-18-2000)

In order to offset a portion of the costs incurred by the city in processing temporary use permits, a fee shall be charged as established by section 10-4-1 of this title. (This section shall not apply to fireworks stands, which shall comply with Utah Code Annotated title 11, chapter 3.) (Ord. 2000-23, 7-18-2000)

   A.   Permit Required: It shall be unlawful for any person to sell or offer for sale in the city, any cut fir, evergreen or Christmas tree without a permit, except when the permit requirement is waived as provided in subsection B of this section.

   B.   Term Of Permit; Fee: A permit to sell cut fir, evergreen or Christmas trees shall be obtained as otherwise described in this chapter. The permit required by this section shall allow tree sales for a period of thirty (30) days from November 25 to December 25 of the year in which the permit is issued. The fee charged for the permit described in this section shall be in lieu of a business license fee; provided, however, that no fee shall be charged for the permit required by this section if:

      1.   The applicant possesses a business license for which the applicable fee, if any, has been paid;

      2.   The applicant complies with the provisions of this chapter, except for the payment of a permit fee;

      3.   The applicant provides documentation showing that the trees to be sold have been lawfully cut, and are owned by the applicant; and

      4.   The selling of trees is secondary to a principal commercial use. (Ord. 2000-23, 7-18-2000)